CANTON — The town board has withdrawn their recent appointment of deputy animal control officer Dan Moyer.

Town Supervisor Mary Ann Ashley said at the board meeting Wednesday night, June 13, that a recent opinion from the comptroller’s office indicates a deputy can be subcontracted by the animal control officer, who serves by contract with the town. However the town board itself can not legally appoint a deputy animal control officer.

“What has to happen is that Mr. Pipher has to subcontract with Mr. Moyer. But that is not our call,” said Ashley.

“Or whoever he chooses,” said Town Councilman Bob Washo.

The state Department of Agriculture and Markets has requested that Pipher have a back-up for the position in the event he was unable to fulfill his duties.

Last month, the town appointed Dan Moyer to serve as the deputy animal control officer on an “as needed” basis, subcontracting with Jim Pipher, the town’s longtime animal control officer. The way the position was described in the now defunct appointment, the new deputy would be paid directly by the animal control officer and serve at his behest as a subcontractor.

The town board itself has no control over who may work as a subcontracted deputy in place of the animal control officer, should the need arise.

This troubled some board members.

“I’m not opposed to having a backup, I’m concerned about the idea that we appoint a person to do the job and then have no control apparently over how or if that person subs that job,” said Town Councilman Tim Danehy.

“Not ideal,” added Washo.

“I would like to firm that up moving forward,” Danehy said.

“Some towns actually have them on staff,” said Washo.

Danehy said he felt that the town appointment for animal control should be to a firm or an organization instead of to a person, which would preclude the potential need to subcontract a backup. Washo said he agreed.

“For all intents and purposes, we could appoint this person and that person could not do the job all year, just sub it out,” said Danehy.